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HomeMy WebLinkAbout1764 - APPROVE AMENDMENT TO UP AND OD_930 WEST COAST HIGHWAYRESOLUTION NO. 1764 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO USE PERMIT NO. 3648 AND ACCESSORY OUTDOOR DINING PERMIT NO. 54 FOR AN EATING AND DRINKING ESTABLISHMENT LOCATED AT 930 WEST COAST HIGHWAY (PA2007 -211) WHEREAS, an application was filed by Andrei Leontieff with respect to property located at 930 West Coast Highway, and legally described as Parcel B (APN 049 -290- 78), that Portion of Tract No. 1210 shown as Parcel 1 on a Map Recorded in Book 83, Pages 12 and 13 of Parcels Maps, Records of Orange County, requesting to expand an existing restaurant, and amend Use Permit No. 3649 to allow a change in operational characteristics from a full - service, small -scale to full - service, low turnover eating and drinking establishment. A 550 - gross- square -foot expansion is proposed (including 382 square feet of net public area) for the purpose of providing an additional dining area and a bar. Also requested is a change of the alcoholic beverage license from a Type 41 to a Type 47, and a waiver of 13 off - street parking spaces that would be required for the expansion of the restaurant. An amendment to Accessory Outdoor Dining Permit No. 54 is requested to allow an 18.5- square -foot increase to the existing 138.5- square -foot outdoor dining area; and WHEREAS, on July 17, 2008, the Planning Commission held a noticed hearing in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California at which time the project application was considered. Notice of time, place and purpose of the public hearing was given in accordance with law and testimony was presented to, and considered by, the Planning Commission at the hearing; and WHEREAS, an amendment to Use Permit No. 3649 for the proposed changes to the existing eating and drinking establishment has been prepared in accordance with Section 20.91.035 of the Municipal Code based on the following findings and facts in support of such findings: 1. Finding: That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. Facts in Support of Finding: The existing restaurant is located in the Retail and Service Commercial - Mariner's Mile Overlay (RSC -MM) Zoning District, which is intended to provide areas that are predominantly retail in character, but allow some service and office uses. Eating and drinking establishments are a retail service use, and are permitted within this designation subject to the approval of a use permit. The proposed project consists of changes to the operational characteristics of an existing eating and drinking establishment and will remain consistent with this designation. Pursuant to Chapter 20.89 of the Municipal Code, the location of the existing Alcoholic Beverage Outlet and proposed change to the ABC license were considered in relation to issues of public convenience and impacts to surrounding land uses. The change in ABC license type from a Type 41 to Type 47 will City of Newport Beach Planning Commission Resolution No. _ Page 2 of 11 provide the service of beer, wine, and distilled spirits to the patrons of the existing eating and drinking establishment. The location of the existing use is considered appropriate because there are no schools, day care centers, or places of religious assembly near the project site. The residential uses adjacent to the restaurant are separated by the buffer of West Coast Highway and the topography of the bluff at the rear of the restaurant. The proposed change of ABC license type, with a limit on hours of operation, would not result in a negative impact to the residential uses in the vicinity. 2. Finding: That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City. Facts in Support of Finding: The existing restaurant is consistent with the General Commercial land use designation (CG, 0.3 FAR) of the General Plan, which is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. The project site was redeveloped in 2004 with a combined FAR of 0.475. The site is non - conforming due to the adoption of the General Plan in 2006, which assigned an FAR of 0.3 to this area. While the existing overall development on the project site exceeds the allowable 0.3 FAR, the proposed project is an expansion of the restaurant into existing floor area, which will not increase the FAR nonconformity. The proposed project meets the purpose of the RSC -MM Zoning District and meets the intent of the restaurant development standards with the exception of site requirements, off - street parking, and walls based on the following: • Restaurant uses are a typical use in the RSC -MM Zoning District, and the proposed changes to the restaurant and the conditions under which the restaurant will be operated and maintained are consistent with the purpose of this district. • A parking demand study of the project site was conducted which indicates adequate off - street parking is available to provide the number of spaces required to accommodate the existing uses and allow the expansion of the existing restaurant. The proposed conditions under which the restaurant would be permitted to operate should minimize any negative impacts that may result from the expansion. Therefore, the proposed expansion would not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be City of Newport Beach Planning Commission Resolution No. _ Page 3 of 11 detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: • The operation of the restaurant would be restricted to the hours of 9:30 a.m. to 11:00 p.m. daily for the interior of the restaurant, and 9:30 a.m. to 10:00 p.m. daily for the outdoor dining area. • No dancing or live entertainment will be permitted or provided on the premises. • The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages and change of the hours of operations ensure compatibility with the surrounding uses. • The existing restaurant has operated at this location under the conditions imposed by Use Permit No. 3649 since 1999 and has not proven to be detrimental to the area. 3. Finding: That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. Facts in Support of Finding: Eating and drinking establishments are a permitted use in the RSC -MM Zoning District, subject to approval of a use permit or amendment to an existing use permit. The project site was redeveloped in 2004, pursuant to Development Plan No. 2003 -002, and is generally consistent with the Mariner's Mile Strategic Vision and Design Framework and meets the intent of the Code. The project substantially conforms to the restaurant development standards of the Zoning Code, and the waiver of development standards as pertains to site requirements and parking will not be detrimental to the adjoining properties. The project includes conditions to ensure that potential conflicts, including impacts the change in ABC license type could have with the surrounding land uses, are minimized to the greatest extent possible. 4. Finding: If the use is proposed within a Residential District (Chapter 20.10) or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts, the use is consistent with the purposes specified in Chapter 20.91A and conforms to all requirements of that Chapter. Fact in Support of Finding: The project is not located within a residential district; therefore, this finding does not apply. WHEREAS, an amendment to Accessory Outdoor Dining Permit No. 54 has been prepared in accordance with Section 20.82.050 (B) of the Municipal Code based on the following findings and facts in support of such findings: City of Newport Beach Planning Commission Resolution No. _ Paoe 4 of 11 1. Finding: That the proposed outdoor dining is accessory to the Eating and Drinking Establishment. Facts in Support of Finding: The existing 135.5- square -foot outdoor dining area is accessory to the restaurant. With the proposed expansion to the restaurant, the net public area would consist of 826 square feet. The applicant requests to expand the outdoor dining area to a total 157 square feet, or 19 percent of the net public area. The proposed increase to the outdoor dining area is consistent with Section 20.82.050 (A), which limits accessory outdoor dining areas to 25 percent of the interior net public area of a restaurant. 2. Finding: The establishment, maintenance or operation of the accessory outdoor dining will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood or injurious to property or improvements in the area. Facts in Support of Finding: The hours of operation for the outdoor dining area would be limited to 9:30 a.m. to 10:00 p.m. daily, so as to minimize any noise impacts to the nearby residential uses. A condition of approval is also included that limits the number of seats in the outdoor dining area to 10 seats maximum. 3. Finding: That the proposed accessory outdoor dining will not be located so as to result in reduction of existing parking spaces. Facts in Support of Finding: The existing outdoor dining area is located in front of the existing restaurant. The proposed addition to the outdoor dining area will be located in front of the proposed restaurant expansion area. No parking spaces will be displaced as a result of the additional outdoor dining area. Per Section 20.82.050 (A) of the Municipal Code, additional parking is not required for accessory outdoor dining areas. WHEREAS, the project qualifies for a Categorical Exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act. The expansion of the existing eating and drinking establishment into an adjacent 550 - square -foot tenant space is a conversion of an existing small structure from one use to another, and only minor modifications are being made to the structure. NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves an amendment to Use Permit No. 3649 and Accessory Outdoor Dining Permit No. 54, subject to Conditions of Approvals in Exhibit "A" attached hereto and made part hereof. Section 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk City of Newport Beach Planning Commission Resolution No. _ Paqe 5 of 11 in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 17TH DAY OF JULY 2008. AYES: Eaton, Unsworth, Hawkings Peotter • Erabpvj ABSENT: Toerge and Hillgren BY: Scott Peotter, Chairman BY: Barry Eaton,. Secretary City of Newport Beach Planning Commission Resolution No. _ Paqe 6 of 11 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDMENTTO USE PERMIT NO. 3649 AND ACCESSORY OUTDOOR DINING PERMIT NO. 54 (Project - specific conditions noted in italics) Planning Department 1. The following conditions herein replace and supersede the previous conditions of approval dated April 8, 1999, upon implementation of this amendment. 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The development shall be in substantial conformance with the site plan and floor plan dated July 3, 2008. 4. The total net public area for the entire restaurant shall not exceed 826 square feet and 52 seats. 5. The accessory outdoor dining area shall not exceed 157 square feet and 10 seats. 6. Roof coverings over the outdoor dining areas shall not have the effect of creating a permanent enclosure, unless a use permit is first approved by the Planning Commission.' 7. The restaurant hours of operation for the interior dining area shall be limited to between 9:30 a.m. and 11:00 p.m. daily, and the outdoor dining area shall close at 10:00 p.m. daily. Any change in the hours of operation shall be subject to the approval an amendment to this Use Permit. 8. No background music, loudspeaker or paging system shall be allowed on any portion of the outdoor dining area. 9. The development standards pertaining to the site, perimeter walls and off - street parking requirements shall be waived. 10. A total of 79 parking spaces shall be maintained on the shared parking lot as a condition of the 13 -space parking waiver granted with this approval. City of Newport Beach Planning Commission Resolution No. Paqe 7 of 11 11. Any change to the on -site parking, vehicular circulation and pedestrian circulation systems, or widening of West Coast Highway in this vicinity, shall be subject to review by the City Traffic Engineer and the Planning Director, and may require an amendment to this Use Permit or a new use permit. 12. Deliveries, refuse collection, or similar activities for the facility shall be permitted only between the hours of 8:00 a.m. and 10:00 p.m. daily, unless otherwise approved by the Planning Director, and may require an amendment to this Use Permit 13. No live entertainment or dancing shall be permitted in conjunction with the permitted use, unless an amendment to this Use Permit is first obtained. 14. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 15. Upon evidence that noise generated by the project exceeds the noise standards established by Chapter 10.26 of the Municipal Code, the Planning Director may require that the applicant or successor retain a qualified engineer specializing in noise /acoustics to monitor the sound generated by the restaurant facility to develop a set of corrective measures necessary in order to insure compliance. 16. Any change in operational characteristics and /or hours of operation, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new use permit. 17. This Use Permit may be modified or revoked by the City Council or the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 18. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified in writing of the conditions of this approval by the current business owner, property owner and /or the leasing agent. 19. This amendment to Use Permit No. 3649 and Accessory Outdoor Dining Permit No. 54 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 20. This amendment to Use Permit No. 3649 for a change to the ABC license for an Alcoholic Beverage Outlet granted in accordance with the terms of Chapter 20.89 of City of Newport Beach Planning Commission Resolution No. Page 8 of 11 the Municipal Code shall expire unless exercised within 12 months from the date of approval unless a license has been issued or transferred by the California State Department of Alcoholic Beverage Control prior to the expiration date. 21. The approval is only for the establishment of a restaurant type facility as defined by Title 20 of the Municipal Code, with the principal purpose for the sale or service of food and beverages with sale and service of alcoholic beverages incidental to the food use. 22. This Use Permit approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a use permit. 23. The sale of alcoholic beverages shall be incidental to the food service in conjunction with the subject restaurant. 24. Full menu food service items shall be available for ordering at all times the restaurant establishment is open for business. 25. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 26. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 in conjunction with the service of food as the principal use of the facility. Any change or upgrade in the alcoholic beverage license shall be subject to the approval of an amendment to this Use Permit and may require the approval of the Planning Commission. 27. Alcoholic beverage service shall be permitted in the outdoor dining area upon approval of the Police Department and the State Department of Alcoholic Beverage Control. 28. Loitering, open container, and other signs specified by the Alcoholic Beverage Control Act shall be posted as required by the ABC. 29. The alcoholic beverage outlet operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the alcoholic beverage outlet and adjacent properties during business hours, if directly related to the patrons of the subject alcoholic beverage outlet. 30. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include City of Newport Beach Planning Commission Resolution No. Paqe 9 of 11 any form of on -site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 31. There shall be no on-site radio, television, video, film or other electronic media broadcasts, including recordings for the broadcast at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit, as issued by the City of Newport Beach. 32. All owners, managers, and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying /licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's, and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 33. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 34. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when served in conjunction with food ordered from the full service menu. 35. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs that are clearly visible to the exterior shall constitute a violation of this condition. 36. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food and retail sales during the same period. The licensee shall maintain records that reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Planning Department on demand. 37. Any event or activity staged by an outside promoter or entity, where the restaurant owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders or sale of drinks is prohibited. City of Newport Beach Planning Commission Resolution No. Paae 10 of 11 38. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 39. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained to control odors. This may include the provision of either fully self - contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 40. All trash shall be stored within the building or within dumpsters stored in the trash enclosure, or otherwise screened from view of neighboring properties except when placed for pick -up by refuse collection agencies. Trash dumpsters shall be fully enclosed and the top shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 41. A covered wash -out area for refuse containers and kitchen equipment, with minimum useable area dimensions of 36- inches wide, 36- inches deep and 72- inches high, shall be provided, and the area shall drain directly into the sewer system, unless otherwise approved by the Planning Director, Building Director and Public Works Director in conjunction with the approval of an alternate drainage plan. 42. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. No temporary "sandwich" signs, balloons or similar temporary signs shall be permitted, either on -site or off -site, to advertise the proposed food establishment, unless specifically permitted in accordance with the Sign Ordinance of the Municipal Code. Temporary signs shall be prohibited in the public right -of -way, unless otherwise approved by both the Public Works Department and Caltrans in conjunction with the issuance of an encroachment permit or encroachment agreement from each. Buildina Department 43. All exits shall remain free of obstructions and available for ingress and egress at all times. 44. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City - adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. City of Newport Beach Planning Commission Resolution No. Paae 11 of 11 45. A covered wash -out area for refuse containers and kitchen equipment shall be provided and maintained, and the area drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternative drainage plan. Washing of refuse containers or restaurant equipment shall be prohibited in the parking lot and public alley. 46. Strict adherence to maximum occupancy limits is required. 47. The project will comply with the provisions of Chapter 14.30 of the Newport Beach Municipal Code for commercial kitchen grease disposal. Fire Department 48. Portable propane heaters are not allowed on the outdoor dining patio areas. Any heating units shall be installed under permit in accordance with the California Electrical Code or California Mechanical Code, 2007 Edition.